(a) Once an official investigation comments, board staff shall notify the complainant and respondent of the filing of the complaint and the commencing of the official investigation. The complainant and the respondent shall receive notice of the complaint’s status, at least quarterly, until final disposition of the complaint, unless such notice would jeopardize an investigation.
(b) The official investigation of a complaint may include referral to a panel of experts for review.
(c) As of September 1, 2016, board staff shall classify each filed complaint into one or more of the following allegation categories:
  (1) Standard of Care: failure to treat a patient according to the standard of care in the practice of dentistry or dental hygiene.
  (2) Sanitation: failure to maintain the dental office in a sanitary condition.
  (3) Dishonorable Conduct: unprofessional or dishonorable conduct, including conduct identified in §108.9 of this title (related to Dishonorable Conduct).
  (4) Administrative: failure to comply with administrative requirements of the Act or board rules.
  (5) Business Promotion: failure to comply with the requirements of the Act or board rules relating to advertising and referral schemes.
  (6) Practicing Dentistry without a License.
  (7) Non-compliance: failure to comply or timely comply with an Order or Remedial Plan issued by the board.
(d) Board staff shall assign each filed complaint a priority classification, as follow:
  (1) Priority 1 includes allegations that require an expedited investigation or consideration of temporary suspension of license of permits.
  (2) Priority 2 includes allegations that require an expedited investigation.
  (3) Priority 3 includes investigations that require a standard investigation.
  (4) A complaint's priority classification may be changed when appropriate.

Source Note: The provisions of this §107.104 adopted to be effective May 10, 2018, 43 TexReg 2776